There is an exception for non-instructional performance of sound recordings in school under section 110(4).

There are 4 factors:

  • Performance may not be made by transmission
  • Performance must be for non profit.
  • No one associated may receive compensation. (including a DJ)
  • Direct or indirect admission charges go directly for educational purposes.

Beware: Copyright owners may have given an advance blanket objection that you may not perform their works under any circumstances. Performing rights societies may also do the same.

The technique of sampling is dangerous. Student work only within the classroom is usually OK. You need permission from music publishers if you’re sampling recorded music, voices, or environmental sounds. The safest thing is to use your own.

The Electronic Frontier Foundation is a good resource.


Simpson, Carol. Copyright For Schools, A Practical Guide.